Selected Publications: Legal Rights to AT
Assistive Technology, Employment and Your Rights
Table of Contents:
What is Assistive Technology?
People use assistive technology, devices and services, to achieve greater independence and to enhance the quality of their lives. Assistive Technology includes both devices and services. Devices include any item or piece of equipment used to maintain or improve the functional capabilities of a person with a disability, including devices like wheelchairs, computers, ramps, assistive listening devices, augmentative communication devices, and aids for daily living.Services are supports provided to people with disabilities or their caregivers to help them select, acquire, or use assistive technology devices. Services also include functional evaluations, training on or demonstration of devices, and purchasing or leasing devices.
Laws Against Discrimination
In Employment
Employers are often required to provide assistive devices and/or services
in order to comply with their duty of "reasonable accommodation"
under federal and state anti-discrimination laws. The key laws are:
Rehabilitation Act of 1973
The Rehabilitation Act of 1973 was the first federal statute to prohibit discrimination in employment against persons with disabilities. This Act applies to federal employers(Section 501), recipients of federal contracts (Section 503) and recipients of federal financial assistance (Section 504).
Americans with Disabilities Act of 1990
The ADA is a broad civil rights statute that guarantees people with disabilities access to employment, public accommodations, public services and transportation and telecommunications. The ADA covers all public employers and private employers with 15 or more employees.
State and Local Laws Against Discrimination
The Washington Human Rights Act, RCW 49.60, makes it unlawful for employers to refuse to hire, or otherwise discriminate against persons with sensory, mental or physical disabilities. RCW 49.60 applies to employers with 8 or more employees. Seattle, Tacoma, Spokane and some other local jurisdictions have similar laws which apply to smaller employers (e.g., those with three or more employees).
Important Terms
To understand your rights to assistive technology under these laws, you need to be familiar with several key terms.
Disability
Disability under the ADA and the Rehabilitation Act is defined to include individuals with sensory, mental or physical disabilities that substantially limit a major life activity, who have a history of such a disability or who are perceived as having such a disability. In addition, the individual must be capable, with or without reasonable accommodation, of performing the essential functions of the job. The definition of disability under Washington law is somewhat broader. You do not need to show that your condition is permanent or that it limits a major life activity. You need only show that you have an "abnormal condition" and that you were discriminated against because of that condition.
Essential Functions
The essential functions of a job are those that are fundamental, basic and vital to the job. They do not include incidental tasks. Written job descriptions are helpful in defining essential functions but not determinative. What counts is what you actually do.
Reasonable Accommodation
All anti-discrimination laws require employers to "reasonably accommodate" qualified persons with disabilities. "Reasonable accommodation" is determined on a case by case basis, and may include things like making facilities accessible, restructuring jobs and job transfers, modifying work schedules, modifying or acquiring equipment, specialized training, and/or providing readers or interpreters. Reasonable accommodation can also involve the provision of AT devices or services which make it possible for people to increase their productivity and/or perform essential job functions. Employers are not required to provide personal devices (e.g., wheelchairs) or services.
Undue Hardship
Employers do not have to provide accommodations if doing so would cause "undue hardship." Undue hardship is defined as action requiring significant difficulty or expense. The size of the business, the type of operation, the nature and cost of the accommodation and safety considerations are factors that may be considered in determining whether a requested accommodation would cause "undue hardship."
If You Think You've Been Discriminated Against
Act quickly. First, you should notify your employer of your specific concerns. Identify the ways in which you have been discriminated against and/or what accommodations you believe are needed. You can also request an evaluation to determine what AT would help you to do your job. Do this in writing in order to make a clear record.
If self-advocacy doesn't work, contact an attorney who specializes in employment law. You can also contact the appropriate federal or state enforcement agency but most agencies are understaffed and it could be a year or more before your case is investigated. All agencies have filing deadlines calculated from the time you knew that you were being discriminated against. For example, if you receive a two-week termination notice, the deadline for filing a discrimination claim may be calculated from the date of that notice, not the date of termination.
Rehabilitation Act of 1973
If your employer is a federal agency contractor, contact the Office of Federal Contract Compliance Programs (OFCCP) within 180 days. Complaints under Section 504 (recipients of federal aid) are investigated by the Department of Justice, Office of Civil Rights. If your complaint is against an agency of the federal government, the process begins with the agency's Equal Employment Opportunity (EEO) counselor.
ADA
Generally, complaints under the ADA are handled by the Equal Employment Opportunity Commission (EEOC). In Washington and most other states, you have up to 300 days to file an ADA claim with the EEOC. In some states, you must file within 180 days.
State and Local Jurisdictions
You may file a claim with the Washington State Human Rights Commission or litigate your claim in court. You have six months to file a claim with the Commission and three years to file a private law suit. City and county anti-discrimination ordinances are enforced by local human rights agencies. Typically, you must file complaints with such agencies within six months or 180 days. Some ordinances have shorter deadlines.
Assistive Technology in Public Education: Do You Know Your Rights?
Table of Contents:
- What is Assistive Technology
- How is Assistive Technology Used in School?
- Preschool, Primary, and Secondary Education
- Rehabilitation Act of 1973
- Individuals with Disabilities Education Act (IDEA)
- Americans with Disabilities Act of 1990 - Title II
- Washington State Law - RCW 49.60
- Post-Secondary Education
- Vocational Education
- About WATA
People use assistive technology, devices and services, to achieve greater independence and to enhance the quality of their lives. Assistive technology includes both devices and services.
Devices include any item or piece of equipment used to maintain or improve the functional capabilities of a person with a disability, including devices like wheelchairs, computers, ramps, assistive listening devices, augmentative communication devices,
Services are supports provided to people with disabilities or their caregivers to help them select, acquire, or use assistive technology devices. Services also include functional evaluations, training on or demonstration of devices, and purchasing or leasing devices.
How is Assistive Technology Used in School?
At all educational levels, many students with disabilities can benefit from assistive technology (AT). Some students could not even get into the classroom without assistive technology, e.g., a ramp into an otherwise inaccessible building. Other students have difficulty participating with other students without assistive technology, e.g., students who require communication devices to talk with teachers or fellow students.
Preschool, Primary, and Secondary Education
An educational institution may be responsible to provide assistive technology used in school. This is always determined on a case-by-case basis, and depends upon on a number of factors, including the age of the student, the type of disability, the type of instruction. There are several laws which address the obligation of schools to provide assistive technology.
Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act prohibits discrimination against qualified persons with disabilities in the provision of preschool, elementary, secondary, and post-secondary education services. The Section 504 regulations require that schools do whatever is necessary to provide a free appropriate public education (FAPE) to all students participating in regular or special education, regardless of disability. AT devices, related services, or modifications to the educational program may be required in order for the district to fulfill these requirements.
Individuals with Disabilities Education Act (IDEA)
All students with a disability that significantly impacts a major life activity are covered under Section 504. IDEA obligates schools to provide individualized educational and related services to students with disabilities who are enrolled in special education. Under IDEA, an individual education plan (IEP) will be developed for each student. Any assistive technology devices or services required by the student to benefit from the IEP must be included in the IEP to be sure funding is secured; any AT that is on an IEP is paid for out of obligated special education funds via IDEA funding.
Related services include such things as transportation; developmental,
corrective and other supportive services (e.g., speech pathology and
audiology, psychological services, physical and occupational therapy);
therapeutic recreation and social work service; and medical and counseling
services (e.g., rehabilitation counseling). School districts are not
required to provide
medical services unless they are for diagnostic or evaluative purposes.
Parents and educators often disagree about what assistive technology a student should have. Many court cases have addressed these issues, resulting in several specific guidelines. IDEA does not require that schools provide the "best" program for each child, but they must develop a program that will provide more than a minimum of benefit.
Americans with Disabilities Act of 1990 - Title II
The ADA is a broad civil rights statute providing people with disabilities the first comprehensive federal statutory protection against discrimination. Title II of the ADA covers public education and schools must comply with the regulations under this title. There are very few differences between Section 504 and Title II.
Washington State Law - RCW 49.60
In addition to federal laws which preclude discrimination (RCW 49.60) against people with disabilities, state and local laws can also provide protection. The Washington State Law Against Discrimination states that the right to be free from discrimination is considered to be a civil right that includes the right to full enjoyment of the services provided by public education. Although there are some differences, the rights under RCW 49.60 are essentially the same as those under Section 504 and the ADA.
Post-Secondary Education
Education rights for people with disabilities at the post-secondary level are also covered in Section 504, ADA, and RCW 49.60. Although there are a few differences between the regulations interpreting primary and secondary education services and those relating to higher or post-secondary education, they are minimal. Basically, public institutions of higher education may not, on the basis of disability, deny qualified people with disabilities admission to or participation in the programs and activities activities" covers any academic, research, training, housing, health, insurance, counseling, financial aid, physical education, athletics, recreation or other extracurricular activity.
The institution may be required to provide reasonable accommodation, including auxiliary aids or to make academic adjustments, i.e., modifications to ensure that such academic requirements do not discriminate nor have the effect of discriminating on the basis of disability.
Vocational Education
Since 1984, the Carl D. Perkins Vocational and Applied Technology Education
Act (Perkins Act) has prohibited discrimination on the basis of disability
in vocational education and related programs. Under the Perkins Act,
assistance must be provided to students with disabilities to ensure
that they have access to the vocational education programs authorized
under the Act.
Assistance may include coordination with educators in fulfilling transition
goals for special education students or students served under Section
504.
Washington Assistive Technology Alliance
WATA was created through US Department of Education grant funding to the State of Washington Division of Vocational Rehabilitation. The purpose of WATA is to increase awareness of and access to assistive technology (AT) for people of all ages with all kinds of disabilities. The statewide AT Resource Center is a member of the Alliance and provides information and referral, training and consultation, and analysis of laws and policies related to AT and funding.
SupportWATA is funded by a grant from National Institute on Disability and Rehabilitation Research #H224A30006 (through the Washington Division of Vocational Rehabilitation).
Special Needs
This publication is available in alternative formats upon request. Please
call WATA at 1-800-841-8345 or 1-206-685-4181 in Seattle.
Statement of Non-Discrimination
The University of Washington provides equal opportunity in education
without regard to race, color, religion, national origin, a disabled
veteran or Vietnam era veteran in accordance with
University of Washington policy and applicable federal and state statutes
and regulations.
Members of the Alliance
Center for Technology & Disability Studies
104 S. Bldg. CHDD, Box 357920
University of Washington
Seattle, WA 98195-7920
206-685-4181 V
206-616-1396 TTY
800-841-8345 V/TTY
206-543-4779 Fax
e-mail: uwat@u.washington.edu
Eastern Assistive Technology Resource Center
Easter Seal Society of Washington
West 606 Sharp
Spokane, WA 99201
509-328-9350 V/TTY
800-214-8731 V/TTY
e-mail: ginettep@wa.easter-seals.org
A Publication of the Center for Technology & Disability Studies and WATA, September 1995.
Tools for life -- Breaking the funding barriers: Sources and tips for funding assistive technology in Washington state
Assistive technology (AT) increases independence at home, work, school and in the community for people with disabilities. This brochure is designed as a starting point for locating and obtaining funding to pay for AT.
Table of Contents:
Who Pays For Assistive Technology
- Health Care Related Sources of Funding
- Sources of Funding for Assistive Technology in Employment
- Special Education & Early Childhood
What is Assistive Technology
Assistive technology includes both devices and services. A device is any item or piece of equipment used to maintain or improve the functional capabilities of a person with a disability. Many high-tech and low-tech devices are now available to assist people with disabilities with daily living tasks, communication, education, work, and recreation. Examples are: wheelchairs, computers with adaptive hardware and software, assistive listening devices, magnification systems, and augmentative communication devices. Services support people with disabilities or their caregivers as they select, acquire, or use AT devices. AT services also include functional evaluations, training on or demonstration of devices, and purchasing or leasing devices.
Who Pays For Assistive Technology
A big question for many people is-how do I get funding for the assistive technology I need? This is particularly true for more costly items such as motorized wheelchairs, van lifts, and augmentative communication systems. There are a number of sources of funding for assistive technology, each with its own policies and conditions for eligibility. The following list briefly describes the most common sources. It is likely that one or two of these categories is applicable to you.
Health Care Related Sources of Funding
If you need AT for health-related purposes or to simply perform activities of daily living, you may be able to obtain funding through the following public or private health insurance carriers.
Private Insurance and
Health Maintenance Organizations (HMOS)
You can obtain funding for AT evaluations and devices through
your private health insurer or HMO if your policy includes or does not
specifically exclude coverage for durable medical equipment, speech
therapy, physical therapy, occupational therapy, rehabilitation services
or similar terminology. Some assistive technology also may be covered
under the category of orthotics and prosthetics. You will have to establish
that the device is medically necessary according to the policy's definition.
Typically this means you will need to show that the device is not experimental,
that it is appropriate for your condition and that it is needed to prevent,
diagnose, correct, cure, alleviate or prevent the worsening of a medical
and/or physical condition or functional limitation. To find out if your
policy covers AT, you will need to carefully review the policy documents.
Do not rely on information provided by the insurer's customer service
representative. If you need help, ask your medical provider for assistance.
Medicaid
and the Basic Health Plan (BHP)
Medicaid is a health care program for low income families. Costs
of the program are shared by the state and Federal governments. There
are several types of Medicaid in Washington. Most (but not all) pay
for durable medical equipment, prosthetics and orthotics. To obtain
Medicaid funding of AT, you must show that the particular piece of equipment
is "medically necessary" as defined by Medicaid and that it
is the least costly alternative. Medicaid will also pay for assistive
technology evaluations and covered services.
The Basic Health Plan is a state-funded program which provides subsidized
health insurance for families with income of up to 200 percent of poverty
level. BHP services are provided through contracts with managed-care
providers. Currently, the BHP does not cover rehabilitation services
or durable medical equipment. However, you may be able to obtain such
equipment as an "exception to policy," particularly if you
can show that the purchase or rental of AT is necessary to prevent accidents,
deterioration, costly hospitalizations or other forms of covered treatment.
Most children on BHP are eligible for Medicaid and should be able to
access AT through their Medicaid enrollment.
Medicare
Medicare is a health insurance program administered by the Federal
government. It provides health coverage for individuals 65 years of
age and older and many people with disabilities. You can get some AT
(i.e., durable medical equipment) through Medicare if you pay premiums
to enroll in Medicare Part B. Under Medicare regulations, the durable
medical equipment must be intended for use in the home and must be "medically
necessary." Medicare will pay 80 percent of the "allowable
charge." Some individuals who are low income and disabled qualify
for both Medicaid and Medicare.
High Risk Pool
If you are not insured and do not qualify for Medicaid or Medicare,
you may be able to join Washington's High Risk Pool. To qualify, you
will need to show that you cannot obtain reasonable coverage on the
private market due to pre-existing conditions and/or other restrictions.
The High Risk Pool currently covers medically necessary durable medical
equipment.
Sources of Funding for Assistive Technology in Employment
If you need AT for work or to complete training for work, you should consider the following sources.
Employers
Under the Americans with Disabilities Act and the Washington
State Law Against Discrimination, employers are required to provide
reasonable accommodations necessary for qualified individuals with disabilities
to perform essential functions of the job. Such accommodations frequently
include assistive technology devices or services. Employers are not
required to provide an accommodation if it would cause an undue hardship-meaning
an unreasonable expense. Whether an accommodation is an undue hardship
is decided on a case-by-case basis.
Vocational Rehabilitation
Programs
The Division of Vocational Rehabilitation (DVR) and Department
of Services for the Blind (DSB) provide services to assist eligible
individuals with disabilities to obtain and maintain employment. Services
are provided based on joint planning by the rehabilitation counselor
and the individual being served. All services must be directly related
to achieving an agreed upon employment goal. Federal regulations require
VR to provide assistive technology devices and services as needed throughout
the VR process. Particular emphasis is placed on the importance of assistive
technology in determining the individual's eligibility for services
and rehabilitation needs.
Worker's Compensation
(L & I)
If you have sustained an occupational injury, the Washington
State Department of Labor and Industries may authorize payment for assistive
technology devices or services if they are (1) medically or vocationally
necessary and (2) address functional limitations related specifically
to the occupational injury.
Social
Security Administration Benefits
If you are receiving SSI or SSDI and obtain employment,
you may be able to keep part of your benefits to fund AT purchases by
using the (Impairment Related Work Expense (IWRE) and/or Plan to Achieve
Self Support (PASS) programs. For more information about these programs
contact the Social Security Administration
Special
Education & Early Childhood
If your child needs AT for education, you may be able to get help through the public education system.
Special Education (IDEA)
The Individuals with Disabilities Education Act (IDEA) and Washington
laws on special education guarantee children with disabilities the right
to receive a "free and appropriate public education" (FAPE).
These laws apply to children from the age of 3 until the time they graduate
from high school or reach the age of 21 (whichever occurs sooner) who
have a disability and who would benefit from special education services.
Under IDEA, districts are required to ensure that children with disabilities
who need assistive technology to achieve a "free and appropriate
public education" receive such technology. If your child is not
receiving AT, and you think he or she would benefit from it, ask the
school to undertake an AT assessment. Under certain circumstances, the
school may also be required to pay for an independent AT evaluation.
The school district is also responsible for providing the services needed
to effectively use a device, including any appropriate staff or parental
training. Children should be permitted to take their AT home if needed
to do homework or to meet educational objectives. The AT mandate in
schools applies to both academic and extra-curricular activities.
Under Part C of IDEA (an optional school district program), funding
for assistive technology and other services may also be available for
children from birth to 3 with developmental delays and/or special health
care needs. Part C programs only pay for AT if all other sources of
funding have been exhausted.
Students Not Eligible
For Special Education
Section 504 of the Rehabilitation Act and Title II of the Americans
with Disabilities Act (ADA) require K-12 schools to provide reasonable
accommodation to assure equal access to the education process for students
with disabilities, including those who are not eligible for or choose
not to participate in special education. This accommodation may include
assistive technology, although the K-12 system is not required to provide
personal devices such as wheelchairs or hearing aids under this category.
If your child falls in this category, ask the school district to prepare
a Section 504 plan. The plan should include consideration of the child's
AT needs in both academic and extra-curricular activities.
Colleges
& Universities
Under Section 504 of the Rehabilitation Act and Titles II and III of
the ADA, most public and private colleges and universities have a duty
to provide "assistive devices" as needed to provide students
with disabilities an equal opportunity to participate in the school's
programs and services. Colleges and universities are not required to
provide personal devices such as wheelchairs or hearing aids.
Other Sources of Funding for Assistive Technology
Depending upon your circumstances, you also may be able to obtain AT from the following sources.
Division of Developmental
Disabilities (DDD)
Washington's DDD is not a substantial source of funding for AT. This
is particularly true for children who live at home rather than in a
residential facility. Some families, however, have been able to purchase
AT using their DD respite funds. DDD also provides help in identifying
funding sources, coordinating services and writing letters of justification.
The level and type of assistance provided varies significantly by region
and counselor.
Veterans Affairs
Assistive technology devices and related services are provided for qualifying
veterans with disabilities. The VA has a variety of programs for which
you may qualify even if you were not injured in the line of duty. The
best way to find out if you qualify for VA services is to contact them
directly.
Bank Loans
Some banks have special "access" loan programs for assistive
technology. To qualify, you must be able to meet all standard loan requirements.
Even if your bank does not have an "access" loan program,
ask them to consider such a loan-using your AT as security, if necessary.
Used Equipment & the
AT Exchange
Used AT can often be obtained at reduced or no cost. To locate used
equipment, contact local vendors or distributors of durable medical
equipment and other types of AT, check the Little Nickel or other classified
ads, and contact computer recycling projects. For a resource list of
agencies and organizations that distribute used computer equipment,
visit the WATA web site (http://watap.org) or call the Information and
Referral (I&R) line (1-800-214-8731).
Another place to seek used equipment is the AT Exchange -an online resource
for linking people who have AT devices they no longer need or want with
people who can use them. On the Exchange (http://watap.org/atexchange/)
you can list devices you no longer need or want, you can list devices
you are seeking to acquire, and you can browse wanted and offered items
that others have posted. Devices listed include computer software, hardware,
augmentative communication devices, aids for daily living, wheelchairs,
and others. You do not have to have an e-mail address to use the AT
Exchange. You can use computer resources at your public library to browse
the postings or to list devices. If you don't have access to the Web,
call the WATA I&R line. The staff will be glad to list an item for
you, or to search the Exchange for an item you want.
Writing Effective Letters to Justify Funding
The most important step in the funding process is the letter of justification, which is prepared once sources of funding appropriate to your circumstances are determined. The objectives of a letter of justification are to explain:
- why this particular assistive technology is needed for this particular individual, and
- why funding of this device and/or related services is appropriate
under this particular agency's guidelines and policies.
It is essential to include a complete description of the specific type of equipment and any related components. It is also important to provide a summary of why this particular AT is the best and most cost-effective solution.
The key is to set out a rationale for funding that fits with the requirements of the funding agency. For example, if the funding source is Medicare, Medicaid or a health insurance company, the letter should discuss why the device is "medically necessary" (as defined by that particular system or policy.) If the funding agent is the Division of Vocational Rehabilitation, the letter must show why the device is needed to get employment.
An outline for a letter of justification is included on the insert with this brochure. It is intended as a guide for preparing your own letter. Your application may actually consist of a packet of documentation materials for the funding agency. If so, include a short letter of transmittal with a list of attachments. Make sure the package is well organized, that all attachments are clearly labeled with your name, the document name and the date. Be sure to include all forms required by the funding agency. Also be sure you have addressed the main topics identified in the sample outline.
Washington Assistive Technology Alliance
This brochure is a publication of the Washington Assistive Technology Alliance (WATA). WATA is a customer advocacy network that includes the AT Resource Center at the University of Washington (UW), the AT Resource Center at Easter Seal Society in Spokane, and the Washington Protection & Advocacy System (WPAS). WATA is funded by a federal grant under the Technology Related Assistance for Individuals with Disabilities Act (Tech Act) administered by the Division of Vocational Rehabilitation (DVR). We are guided by a Consumer Majority Advisory Board.
What Can WATA Do To Help
with Funding?
WATA does not provide funding for assistive devices and services. We
do provide "systems advocacy" for people who are encountering
problems or barriers in obtaining and using assistive technology. We
rely upon you-the consumer-to help us identify such barriers and help
us bring about the systems changes necessary for other people to obtain
the AT they need to live independent and fulfilling lives. We also provide
information and referral, and access to a wide variety of AT resources.
If you have a question about AT or need help in negotiating a funding
process or barrier, PLEASE call WATA at 1-800-841-8345 (v/tty), send
e-mail to uwat@u.washington.edu, or visit our Website at http://watap.org.
Strategies
and Tips for Funding Assistive Technology
Getting funding for AT is not always easy. The following tips will increase your chances of success:
Determine the most appropriate resource(s)
Once you have identified the appropriate funding resources, your first
step is to contact them. If you are not currently enrolled in the program,
find out how you become eligible and take all necessary steps for eligibility.
Pursue several relevant funding sources simultaneously to increase your
chances of success.
Identify and use "magic" words
Get copies of any relevant written laws, policies or regulations that
relate to AT from the potential funding source. When a request for funding
or "letter of justification" is needed, use and address all
of the specific criteria set out in relevant laws, policies and regulations.
For example, if "medically necessary" is the key requirement,
be sure your request addresses that requirement clearly, showing how
the device is related to your medical status. (See page 4 for suggestions
on writing a letter of justification.)
Justify your request
Identify the proper person or persons to write letters to substantiate
your request. These may include your physician, the individual(s) who
conducted the AT assessment, or other professionals. If necessary, advise
letter writers of the funding source's requirements and the importance
of specifically addressing those requirements in their letters.
Describe support and services related to the
AT
In your letter of justification, be sure to include information about
other services necessary to "support" the use of the device,
for example, set-up, training, follow-up, repair, maintenance, upgrading,
etc. Ask vendors what support and training they will provide as part
of the sale and what they will do if you have any problems with the
device.
Consider leasing or renting
If you are not sure which device is going to work for you,
if your condition is unstable, or the relevant technology is changing
rapidly or is expensive, it may make sense to lease rather than purchase
AT.
Combine souces of funding
If one agency only approves part of the funding, submit a request to
another agency to share costs.
Be prepared for delays, but be persistent
Getting funding for AT is time consuming. Delays are common. Be polite
and courteous to maintain cooperative relationships, but don't hesitate
to be a "squeaky wheel." Call regularly to check on the funding
request; try to talk to the same person each time. Keep a record of
your calls, noting the date, name of person you spoke with and what
you talked about. If you are not satisfied with the assistance you receive,
ask for a new contact or speak to the supervisor.
Be prepared to appeal
Remember that no "denial" is official until it is in writing.
Don't give up if your request is denied. You can ask the funding agency
to reconsider, or you can appeal the initial decision. Find out why
your request was denied, and address those issues in the appeal. Sometimes
requests are denied because a reviewer doesn't understand the technology,
there is an error in the paperwork, or the application is incomplete.
If the agency says the device or service is not covered as a matter
of "policy," you may be able to get funding as an "exception
to policy" if you can establish that it will be cheaper to fund
the device than reap the consequences of not doing so. At this point,
you may need to seek legal help.
Observe all deadlines
Be aware of deadlines and meet them. If you don't appeal an adverse
decision within the time allowed by the agency, you may lose your right
to do so.
LETTER OF
JUSTIFICATION OUTLINE
Date:Addressee:
Re: Consumer's Name
Social Security Number
Policy or Account Number
Dear (Medical Consultant, VR Counselor, Special Education Director, etc.):
Paragraph One - Short Introduction
One or two sentences about the device and services requested, and why.
Paragraph Two - Information About the Consumer
Provide the information needed to acquaint the funding source decision-maker
with the consumer and his or her situation including:
- name, age, sex, diagnosis;
- living/housing status;
- school or employment status;
- primary care physician, hospital, and clinic affiliation as appropriate;
- diagnosis, expected clinical course and prognosis;
- functional limitations related to diagnosis;
- current equipment and experiences in using that equipment;
- cognitive status, and
- efforts to obtain funding through other sources.
Paragraph Three - Equipment Requested
Remember that the person reviewing your request may not have expertise
in assistive technology or be familiar with the equipment you are seeking.
Provide detailed information about:
(1) the equipment;
(2) any need for added components;
(3) expectations for duration of usage;
(4) flexibility for changing needs;
(5) the consumer's actual experience and success in using the device;
(6) why other assistive technology was ruled out, especially if there are less costly alternatives.
Show why the device is needed using the language of the funding source's requirements for approval.
Paragraph Four - Needed Support Services/Plans for Assessment and Follow-Up
Describe any support services needed and how they will be funded, including
training, maintenance and repair.
Paragraph Five - Summary
Identify documents you've included as attachments that provide justification
for your request. Identify a contact person or persons should the reviewer want further
information.
- Signatures
(Include co-signatures of appropriate medical/vocational professionals) - Sample Attachments
- Letters from primary care physician & specialists
- A copy of the assistive technology assessment
- Photos and/or videos showing the consumer using the device
- Information from vendor on the device and its costs
- Brochure or letter describing the product
- Properly completed agency forms